NQ -v- Southern Rock Insurance Company Limited (anonymity order)

County CourtAnonymity Order

Claim number: G0IBD587

In the County Court at Bradford

8 June 2023

Before:

His Honour Judge Malek

Between:

NQ (by Litigation friend AQ)

-v-

Southern Rock Insurance Company Limited

Order

Before His Honour Judge Malek sitting at the County Court at Bradford, Civil And Family Centre, Exchange Square, Drake Street, Bradford, BD 1 IJA on 08 June 2023.

Upon hearing Counsel for the Claimant and Counsel for the Defendant
On the Claimant’s application for approval of a settlement agreement dated 6 June 2023
Whereas the Claimant has made a claim against the Defendant for personal injuries suffered as a result of the Defendant’s insured’s admitted negligence in causing the road traffic accident on 8 March 2014
And whereas the Claimant is a Protected Party and brings the Claim by a Litigation Friend
And upon it being recorded that on 4 January 2021, the Court of Protection appointed Sheran Quadeer as Deputy for the property and affairs of the Claimant
And upon reading the privileged Advice of Counsel for the Claimant, dated 15 May 2019 and updated on 2 June 2023
And upon consideration of the Claimant’s Article 8 and Article 10 rights
And upon it appearing that the non-disclosure of the identity of the Claimant and the Litigation Friend is necessary in order to protect the interests of the Claimant

AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules
IT IS ORDERED THAT:-

  1. The identity of neither the Claimant nor the Litigation Friend be disclosed.
  2. In all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise the Claimant be described as “NQ”, the Litigation Friend as “AQ”.
  3. That in so far as necessary, any statement of case or other document disclosing the Claimant’s or Litigation Friend’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
  4. That the original of any such document disclosing the name or address of the Claimant or the Litigation Friend is to be placed on the Court file marked “confidential and not to be opened without the permission of a Judge”.
  5. That a non-party may not inspect or obtain a copy of any document on or from the Court file without the permission of a District Judge. Any application for such permission must be made on notice to the Claimant and Litigation Friend, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
  6. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or Litigation Friend. The publication of the name and address of the Claimant or the Litigation Friend or of any member of the immediate family of the Claimant is prohibited.
  7. The provisions of this Order shall not apply:-

a. to communications between the parties, their legal representatives and/or any person instructed to give legal, medical or financial advice in relation to the claim or proceeds of settlement;
b. to communications between the Court of Protection and/or the Claimant and/or the Litigation Friend in relation to the payment of money for the benefit of the Claimant or the investment or treatment of or payment out of such money;
c. to communications between the Court of Protection and/or the Claimant and/or Litigation Friend and any financial institution concerned as to the receipt or investment of money for the benefit of the Claimant; or
d. to records kept by the Court of Protection and/or the Claimant and/or Litigation Friend or any such financial institution in relation to such money.

  1. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  2. A copy of this Order shall be published on the website of the Judiciary of England and Wales and in the published copy of the Order the Claimant shall be described as NQ and the Litigation Friend as AQ.
  3. Costs in the case.